Backing EPA, Appellate Courts Send ‘Good Neighbor’ Suits To D.C. Circuit

Federal appellate courts in Chicago and Cincinnati are transferring industry lawsuits challenging EPA’s Good Neighbor Plan (GNP) interstate air rule to the D.C. Circuit as a “nationally applicable” regulation, bolstering the agency’s position as opponents of the rule attempt to block it in numerous venues, including the Supreme Court. In a Nov. 9 order , a three-judge panel on the U.S. Court of Appeals for the 6th Circuit, which is based in Cincinnati, granted EPA’s motion to transfer the consolidated...